LAW 529 Lecture Notes - Lecture 5: Performance Management, Fide, Wrongful Dismissal
28 Feb 2016
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Chapter 12: resignation and retirement: two of the ways that an employment relationship can come to and end: resignation . Retirement termination (without cause and with cause) will be covered in separate chapters. Employers should send a letter of acceptance as soon as possible. resignation must be voluntary (an objective test). To resign or be dismissed no choice. Constructive dismissal no choice. (cid:0) (cid:0) (cid:0) (cid:0) (cid:0) Resignation may be inferred from an employee"s conduct. If an employer doesn"t want an employee to work during the notice period (because of access to sensitive business information, contacts with customers, etc. ), an employer has to accept resignation and advise the employee that he or she will be paid throughout the notice period but should not attend work. Otherwise, employer may be treated as having dismissed the employee and may become liable for wrongful dismissal damages.
